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Dec 04, 2025
Artificial intelligence (AI) is developing rapidly in China, with the number of patents and the size of the market both ranking highly among countries. However, this rapid development has posed new challenges to the legal framework, ethical norms and social governance, prompting China to continuously adjust and improve the relevant regulatory system.
This session will discuss developments in the practice of litigation, including: (i) the landscape of disputes involving new currencies; (ii) disputes that create a conflict between the creditor and the shareholder; and (iii) the funding of disputes.
A review of emerging themes in ADR (2023 version)
Sep 27, 2023
The rise in popularity of generative artificial intelligence (‘generative AI’) has ignited the discussion on whether junior employees can be replaced by it. Some have gone to the extent of questioning whether professionals, such as lawyers, can also be replaced by generative AI. Is it wise to replace junior employees or lawyers with generative AI? What factors should be considered before deploying generative AI tools in your business? To consider these questions, we first need to understand the basic workings of generative AI and what it can offer. Fundamentally, AI is intelligence that is not biological. The general understanding is that machines will be ascribed with this intelligence. These machines have the ability to interpret, learn from and process external data in a way that is similar to the capabilities of the human mind. Generative AI is a type of AI program that generates content from a data set. It uses deep learning, a type of machine learning system that behaves like a neural network to simulate the functions of a human brain. In other words, it can mimic human intelligence by exhibiting analytical skills to create new content. Not only can generative AI be utilised in chatbot programs to create text, but it can also be used in programs that can create images, sound or videos. This article will consider two major forms of generative AI, in the context of risks to businesses: chatbots using generative pre-trained transformer technology programs; and image generating programs.
This session will explore:
• Impact of current economic environment on private fund terms, structures and financing (private equity funds, real estate funds and credit funds);
• Consolidation of asset managers in recent times – what does that mean for LPs and the industry at large?
• Recent trends on financial, governance and other fund terms;
• Trends in sustainable investing;
• And retailisation and new opportunities.
IBA Annual Conference Mexico City 2024
The panel will discuss the evolving landscape of alternate corporate finance and increasing convergence of private credit with debt capital and securities markets. Among other issues, there will be a focus on:
- the increasing reliance on private credit in the last few years and whether we see that trend shrinking in light of central bank rate cuts;
- interesting hybrid structures (with loan and securities like features) and examples, or lack thereof, of bank and private credit partnerships; and
- the anticipated role of banking and securities regulators in regulating private credit funds.
5th Asia-based International Financial Law Conference
Jul 08, 2025
Mediation is on the rise internationally as a means to settle disputes in a cost-effective manner. Chinese parties appear to be increasingly interested in mediation as an option. This article examines the evolving landscape of mediation in China and internationally. It considers how mediation for Chinese parties is evolving and whether mediation is a good option for Chinese parties in cross-border disputes. Commercial mediation has seen remarkable growth, bolstered by a supportive PRC judicial system and legislative initiatives encouraging parties to find harmonious ways to resolve disputes. The article analyses the three primary types of mediation in China: people’s mediation, administrative mediation, and commercial mediation. It also looks at mediation rules and proceedings in common law jurisdictions, such as Hong Kong, Singapore, and the United States. The article anecdotally considers the cultural elements, emphasising the Chinese parties’ preference for evaluative mediation styles as a reflection of civil law. Through case studies of international disputes involving Chinese and US parties, the article illustrates the practical dynamics of mediation involving Chinese parties and underscores the importance of cultural sensitivity in international mediation. As Chinese parties continue to go global, mediation is emerging as an attractive option for efficient and cost-effective dispute resolution. This analysis assesses whether the promotion of mediation is yielding tangible outcomes and explores the future of mediation involving Chinese and foreign parties.
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This panel will discuss the evolving equation between GPs and LPs in the context of current economic conditions, market trends, and regulatory changes, including how these factors are potentially reshaping the priorities and strategies of LPs and GPs. Issues to be covered will include:
- Evolving market and regulatory dynamics and their impact: are these factors aligning priorities and strategies of GPs and LPs?
- Transparency, reporting and ESG: is there a mismatch of expectations?
- Alignment of interests: myth or reality?
- Continuation vehicles: strengthening long-term partnerships and resolving conflicts of interest.
- Handling downturns: GP and LP perspectives – does it make or break relationships?
- Strengthening GP-LP relationships: exploring new emerging themes that can help build a strong relationship.
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34th IBA Global Challenges and Opportunities for the Asset Management Industry Conference
Apr 22, 2022
This article discusses the recent SEC case involving PwC and highlights the wider implications for intermediary institutions providing professional services in a tightened regulatory and enforcement regime in China’s banking and financial sector.
Lender on lender violence” has moved from a US phenomenon to a global restructuring strategy, reshaping capital structures from New York to Paris and beyond. The panel will bring together US, European and cross-border perspectives to examine how uptiers, dropdowns, distressed disposals and co-operation agreements are being deployed and challenged across jurisdictions. It will explore whether courts, drafting and market discipline will curb these liability management tactics, and whether engineered creditor hierarchies are now a permanent feature of global finance.
41st International Financial Law Conference
By Yi-An (Ann) Lai. Alipay and the impact of e-payment systems resulting in new regulations in China and other jurisdictions.
Jun 12, 2024
The new Foreign State Immunity Law 2023 of the People’s Republic of China came into force on 1 January 2024. This shifts the country (as well as its special administrative regions, Hong Kong and Macau) away from absolute state immunity to restrictive state immunity, bringing it more in line with the relatively prevalent practice among the international community. This article discusses the status of state immunity in public international law, analyses the new law’s provisions and examines practical challenges that will be faced by those seeking to utilise this law to enforce judgments or awards against foreign states and state entities, and the new law’s innovations that go beyond the United Nations Convention on Jurisdictional Immunities of States and Their Property of 2004 and the UK State Immunity Act 1978.
Feb 17, 2023
This article will outline the development of China’s restrictions on the cross-border transfer of personal information (PI export), detailing PI export mechanisms provided by the Personal Information Protection Law. It will also explain the practical implications of the restrictions.
Dec 09, 2022
This article provides a historical perspective on some of the main European Union abuse of dominance cases in the hi-tech sector from this century. It then seeks to draw lessons from those cases about where the law in the EU stands on abuse of dominance on a number of key issues, as well as what unanswered questions remain for the future, both as regards case enforcement itself and the interplay between that and regulation. The next section sets the scene by outlining the policy context and some of the key issues at stake, both in terms of antitrust’s analytical framework, and its role and very purpose. Then, the article provides an overview of a number of the main EU abuse of dominance cases in the hi-tech sector from this century, and in light of those, a description of where we stand and where more clarification may come in the future. The article concludes by placing the debate in the broader policy context of the role and effectiveness of antitrust and its interplay with regulation.
Jan 21, 2022
Since the People’s Republic of China’s adoption of the Anti-Monopoly Law (AML) in 2007, and its coming into effect in 2008, scant enforcement attention has been directed at abuse of dominance in the digital economy. While there have been some – mostly unsuccessful – abuse of dominance cases brought by private plaintiffs, the enforcement authorities, previously the National Development and Reform Commission (NDRC), State Administration of Industry and Commerce (SAIC) and, currently, the State Administration for Market Regulation (SAMR) and their provincial and local counterparts, have put relatively less emphasis on abuse of dominance cases.
May 03, 2023
The e-commerce industry has seen a sharp rise in recent years, largely due to global digitisation of economies with rampant adoption and development of technology. A further boost was provided to the industry by the Covid-19 pandemic as the world resorted to online shopping to acquire even the basic necessities.
Jul 14, 2024
The European Fashion and Luxury Law Conference, meticulously organised by the European Regional Forum (ERF) of the International Bar Association (IBA) in Milan on 23 April 2024, was a resounding success. The event, which was fully booked, showcased a remarkable assembly of speakers, each highly esteemed within the industry. These speakers brought with them a wealth of knowledge and expertise, which they shared across a series of discussions and presentations.
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